A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

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eligible for the RAS. The Local Authority will be party to this agreement as guarantor of the rent. Finally, the RAS recipient and the Local Authority agree that the Local Authority will make payments to the Landlord on the recipient’s behalf. What contractual arrangements will exist between the Landlord/Agent and the Local Authority Model agreements have been developed for use with the scheme and will form the basis for contract negotiation between the Landlord and the Local Authority. A number of forms of contractual arrangements between Landlords/Developers, Local Authorities and Tenants may exist under the RAS. In the main these will fall broadly into three types of arrangement: 1. Availability type arrangements between Landlords and Local Authorities to secure medium to long-term availability of accommodation (with Local Authority having nomination rights to accommodation); 2. Tenancy by tenancy arrangements with Landlords to meet short-term accommodation requirements (Local Authority guarantees rent payment only for the term that a specified tenancy is in existence); and 3. Long term PPP/Part V type arrangements between developers and Local Authorities to secure long-term availability of accommodation. Standard forms of contract form the contractual basis for arrangements between Landlords, Tenants and Local Authorities. The form of contract entered into will set out the general responsibilities of the three parties. Within certain parameters Local Authorities will be able to negotiate the particular conditions under which accommodation providers make their properties available for the RAS. Local Authorities will provide prospective RAS Landlords with further information in relation to the form of the contractual arrangement it will be seeking to enter into. Landlord & Tenant relationship and responsibilities of Landlord. The key “Landlord and Tenant” relationship remains between the property owner and the former rent supplement recipient. The Local Authority will act as broker or agent on behalf of the Tenant. As such, the Landlord will retain responsibility for: 1. Insurances - property, Landlord’s contents and public liability; 2. Routine Maintenance/Repair and replacement of equipment; and 3. Dealing with breaches of the Tenant’s obligations to the Landlord should they arise. How will rent levels be determined Rent levels will be determined by negotiation between the Landlord and the Local Authority and will reflect local market conditions. The rent may not exceed the current Social Welfare Allowance (SWA) rent supplement rent level in the area for each type of household (single parents, family A Dubliner’s Guide to the Residential Tenancies Act, 2004 55 (Updated January 2008)
households of various size etc.). These rent levels will act as an upper limit in negotiations between Local Authorities and Landlords. However, Local Authorities will seek a reduction in the current rent level in return variously for: 1. The Landlord not having to collect rents for the duration of the RAS contract; 2. The Landlord not having to fill vacancies (advertise and interview prospective Tenants) for the duration of the RAS contract; 3. The fact that the average yield across the private rented sector is less than a full year’s rent due to vacancies/Tenant turnover; 4. The very bankable asset that a guaranteed fixed-term RAS rent payment represents; and 5. Guaranteed prompt payment by a State agency. Deposits and damage to property. No deposits will be paid under the RAS as a contractual arrangement will exist between the Landlord and the Local Authority. However, where damage is caused to property, which is above routine wear and tear, the Housing Authority may be willing to guarantee the equivalent of up to one month’s rent towards the cost of repair/replacement. The details of this will be the subject of negotiation. When will the scheme commence The RAS is being implemented on a phased basis. All Local Authorities are due to implement the scheme by the end of 2005. Visit the Department of the Environment, Heritage and Local Government website at www.environ.ie to check whether your Local Authority has commenced operation of the RAS and the relevant contact details of that authority. How to become involved in the RAS Landlords with eligible SWA rent supplement Tenants will be approached by the relevant Local Authority and invited to participate in the RAS, subject to meeting the eligibility criteria. All existing eligible SWA rent supplement Tenants are due to be transferred to the RAS by the end of 2008. Where their existing Landlords do not wish to participate in the RAS, alternative properties will be secured. If you do not currently have a SWA rent supplement Tenant but are interested in participating in the RAS, please send your contact details and those of your property (address, no. of bedrooms/bed spaces etc.) to the RAS/Housing Unit in your Local Authority and you will be contacted if and when a need for your property is identified. Further Information Landlords seeking further information on the RAS should contact the RAS/Housing Unit of the Local Authority that has responsibility for the area in which the accommodation is located. Information on Local Authorities currently implementing the RAS and relevant contact details may be obtained by visiting www.environ.ie. A Dubliner’s Guide to the Residential Tenancies Act, 2004 56 (Updated January 2008)
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A Dubliner’s Guide to the Residen
Page 3 and 4:
The Resident and Tenant Focus Group
Page 5 and 6: 9.0 Dispute Resolution 20 9.1 Who c
Page 7 and 8: 1.0 Introduction The law governing
Page 9 and 10: 2.0 Tenancy Obligations This sectio
Page 11 and 12: 3.0 Rights & Responsibilities for A
Page 13 and 14: 3.12 Services Details of when and h
Page 15 and 16: 5.0 Security of Tenure Security of
Page 17 and 18: 6.2 Grounds for Termination The gro
Page 19 and 20: 8.0 Registration of Tenancies The A
Page 21 and 22: 9.0 Dispute Resolution Any disputes
Page 23 and 24: of the parties and investigate the
Page 25 and 26: 10.0 Equality Landlords and tenants
Page 27 and 28: What is mediation The mediation pro
Page 29 and 30: Appendix 1 Glossary of Terms Adjudi
Page 31 and 32: Appendix 3 Useful Contacts and Link
Page 33 and 34: Case III Deposit Retention In the m
Page 35 and 36: Residential Tenancies Board, in acc
Page 37 and 38: Notes 1. Ensure recipient gets the
Page 39 and 40: 11. Landlord's Letting Agent (if an
Page 41 and 42: Part 6 - Apartment Blocks/Complexes
Page 43 and 44: D Please give approximate floor are
Page 45 and 46: 3.4 To pay promptly to the authorit
Page 47 and 48: applicable to the property, as well
Page 49 and 50: 5.3 The property is let together wi
Page 51 and 52: Regulations, 1993. The standards ap
Page 53 and 54: 5. The Tenant shall not carry out i
Page 55: Appendix 9 Rental Accommodation Sch
Page 59 and 60: What happens first Your Community W
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A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

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